12 | 13 | | A BILL TO BE ENTITLED 1 |
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13 | 14 | | AN ACT TO REVISE LAWS CONCERNING THE DEPARTMENT OF 2 |
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14 | 15 | | TRANSPORTATION. 3 |
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15 | 16 | | The General Assembly of North Carolina enacts: 4 |
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16 | 17 | | 5 |
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17 | 18 | | REGULATION OF DRIVERS EDUCATION OFFERED BY COMMERCIAL DRIVER 6 |
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18 | 19 | | TRAINING SCHOOLS 7 |
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19 | 20 | | SECTION 1. G.S. 20-322 reads as rewritten: 8 |
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20 | 21 | | "§ 20-322. Licenses for schools necessary; regulations as to requirements. 9 |
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21 | 22 | | (a) No commercial driver training school shall be established nor any such existing 10 |
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22 | 23 | | school be continued on or after July 1, 1965, unless such school applies for and obtains from the 11 |
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23 | 24 | | Commissioner a license in the manner and form prescribed by the Commissioner. 12 |
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24 | 25 | | (b) Regulations adopted by the Commissioner shall state the requirements for a school 13 |
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25 | 26 | | license, including requirements concerning location, equipment, courses of instruction, 14 |
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26 | 27 | | instructors, financial statements, schedule of fees and charges, character and reputation of the 15 |
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27 | 28 | | operators, insurance, bond or other security in such sum and with such provisions as the 16 |
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28 | 29 | | Commissioner deems necessary to protect adequately the interests of the public, and such other 17 |
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29 | 30 | | matters as the Commissioner may prescribe. A driver education course offered to prepare an 18 |
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30 | 31 | | individual for a limited learner's permit or another provisional license must meet the requirements 19 |
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31 | 32 | | set in G.S. 115C-215 for the program of driver education offered in the public schools. 20 |
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32 | 33 | | (c) Regulations adopted by the Commissioner for the course of instruction to be offered 21 |
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33 | 34 | | by commercial driver training schools to prepare an individual for a limited learner's permit or 22 |
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34 | 35 | | another provisional license must include, but are not limited to, the curriculum requirements in 23 |
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35 | 36 | | G.S. 115C-215(b). 24 |
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36 | 37 | | (d) In addition to regulations adopted by the Commissioner under subsection (c) of this 25 |
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37 | 38 | | section, commercial driver training schools providing courses to prepare an individual for a 26 |
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38 | 39 | | limited learner's permit or another provisional license through the public schools must meet all 27 |
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39 | 40 | | requirements set in G.S. 115C-215 for the program of driver education offered in the public 28 |
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40 | 41 | | schools." 29 |
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41 | 42 | | 30 |
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42 | 43 | | DEALER LICENSE RENEWAL FIX 31 |
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43 | 44 | | SECTION 2. G.S. 20-288(b2), as enacted by Section 27(a) of S.L. 2024-30, reads 32 |
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44 | 45 | | as rewritten: 33 |
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45 | 46 | | "(b2) For a licensed dealer, manufacturer, factory branch, distributor, distributor branch, or 34 |
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46 | 47 | | wholesaler applying for renewal, the death of a co-owner in the licensed business entity shall not 35 |
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49 | 54 | | no new co-owners or changes in structure of the business entity. The applicant a change in 1 |
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50 | 55 | | ownership is not grounds for denial, suspension, or revocation of a license, as long as any new 2 |
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51 | 56 | | owner is otherwise qualified for licensure and approved by the Division. The licensee shall be 3 |
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52 | 57 | | considered by the Division to be a continuing business for purposes of renewal and shall not be 4 |
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53 | 58 | | required to apply for a license as a new business." 5 |
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54 | 59 | | 6 |
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55 | 60 | | CHANGE CASH BALANCE REQUIREMENT TO CASH ON HAND 7 |
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56 | 61 | | SECTION 3. G.S. 143C-6-11(f) and (k) read as rewritten: 8 |
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57 | 62 | | "(f) Seven and One Half Percent (7.5%) Cash Balance Required. – The Department of 9 |
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58 | 63 | | Transportation shall maintain an available cash balance at the end of each month to an amount 10 |
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59 | 64 | | equal to at least seven and one half percent (7.5%) a minimum of 45 days of the total 11 |
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60 | 65 | | appropriations for the current fiscal year from the Highway Fund and the Highway Trust Fund. 12 |
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61 | 66 | | In projecting cash balances in future years, the Department shall use the estimated cash flow as 13 |
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62 | 67 | | specified in the Current Operations Appropriation Act. No further transportation project contract 14 |
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63 | 68 | | commitment may be entered into that would cause the cash position to fall below this 15 |
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64 | 69 | | requirement. In the event this cash position is not maintained, no further transportation project 16 |
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65 | 70 | | contract commitments may be entered into until the cash balance has been regained. Provided 17 |
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66 | 71 | | the Department may modify or supplement transportation contract commitments for existing 18 |
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67 | 72 | | transportation projects that (i) result in a savings from the total estimated project cost of the 19 |
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68 | 73 | | existing commitment, based on a cost-savings analysis, or (ii) relate to the needs of an existing 20 |
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69 | 74 | | transportation project to continue. Any federal funds on hand shall not be considered as cash for 21 |
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70 | 75 | | the purposes of this subsection. 22 |
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71 | 76 | | … 23 |
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72 | 77 | | (k) The Department of Transportation shall do all of the following: 24 |
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73 | 78 | | (1) Utilize cash flow financing to the extent possible to fund transportation 25 |
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74 | 79 | | projects with the goal of reducing the combined average daily cash balance of 26 |
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75 | 80 | | the Highway Fund and the Highway Trust Fund to an amount equal to between 27 |
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76 | 81 | | fifteen and twenty percent (15-20%) 75 and 120 days of the total 28 |
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77 | 82 | | appropriations for the current fiscal year from those funds. In projecting cash 29 |
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78 | 83 | | balances in future years, the Department shall use the estimated cash flow as 30 |
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79 | 84 | | specified in the Current Operations Appropriation Act. Any federal funds on 31 |
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80 | 85 | | hand shall not be considered as cash for the purposes of this subsection. The 32 |
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81 | 86 | | target amount shall include an amount necessary to make all municipal-aid 33 |
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82 | 87 | | funding requirements of the Department. 34 |
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83 | 88 | | …." 35 |
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84 | 89 | | 36 |
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85 | 90 | | REGISTRATION OF RIGHT -OF-WAY PLANS 37 |
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86 | 91 | | SECTION 4. G.S. 136-19.4 reads as rewritten: 38 |
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87 | 92 | | "§ 136-19.4. Registration of right-of-way plans. 39 |
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88 | 93 | | (a) A copy of the cover sheet and plan and profile sheets of the final right-of-way plans 40 |
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89 | 94 | | for all Department of Transportation projects, on those projects for which plans are prepared, 41 |
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90 | 95 | | under which right-of-way or other interest in real property is acquired or access is controlled shall 42 |
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91 | 96 | | be certified by the Department of Transportation to the register of deeds of the county or counties 43 |
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92 | 97 | | within which the project is located. The Department shall certify said plan sheets to the register 44 |
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93 | 98 | | of deeds within two weeks from their formal approval by the Board of Transportation.The 45 |
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94 | 99 | | Department shall certify the plan sheets with the register of deeds at the completion of the project. 46 |
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95 | 100 | | (b) The copy of the plans certified to the register of deeds shall consist of a Xerox, 47 |
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96 | 101 | | photographic, or other permanent copy, except for plans electronically transmitted pursuant to 48 |
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97 | 102 | | subsection (b1) of this section, and shall measure approximately 17 inches by 11 inches including 49 |
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98 | 103 | | no less than one and one-half inches binding space on the left-hand side. 50 General Assembly Of North Carolina Session 2025 |
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100 | 105 | | (b1) With the approval of the county in which the right-of-way plans are to be filed, the 1 |
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101 | 106 | | Department may transmit the plans electronically. 2 |
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102 | 107 | | (c) Notwithstanding any other provision in the law, upon receipt of said original certified 3 |
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103 | 108 | | copy of the right-of-way plans, the register of deeds shall record said right-of-way plans and 4 |
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104 | 109 | | place the same in a book maintained for that purpose, and the register of deeds shall maintain a 5 |
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105 | 110 | | cross-index to said right-of-way plans by number of road affected, if any, and by identification 6 |
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106 | 111 | | number. No probate before the clerk of the superior court shall be required. 7 |
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107 | 112 | | (d) If after the approval of said final right-of-way plans the Board of Transportation shall 8 |
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108 | 113 | | by resolution alter or amend said right-of-way or control of access, the Department of 9 |
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109 | 114 | | Transportation, within two weeks from the adoption by the Board of Transportation of said 10 |
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110 | 115 | | alteration or amendment, shall certify to the register of deeds in the county or counties within 11 |
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111 | 116 | | which the project is located a copy of the amended plan and profile sheets approved by the Board 12 |
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112 | 117 | | of Transportation and the register of deeds shall remove the original plan sheets and record the 13 |
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113 | 118 | | amended plan sheets in lieu thereof. 14 |
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114 | 119 | | (e) The register of deeds in each county shall collect a fee from the Department of 15 |
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115 | 120 | | Transportation for recording right-of-way plans and profile sheets in the amount set out in 16 |
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116 | 121 | | G.S. 161-10." 17 |
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117 | 122 | | 18 |
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118 | 123 | | ELIMINATE TURNPIKE AUTHORITY REPORTING REQUIREMENTS 19 |
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119 | 124 | | SECTION 5. G.S. 136-89.193 reads as rewritten: 20 |
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120 | 125 | | "§ 136-89.193. Annual plan of work; annual and quarterly reports.report. 21 |
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121 | 126 | | (a) Annual Plan of Work. – The Authority shall annually develop a plan of work for the 22 |
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122 | 127 | | fiscal year, describing the activities and projects to be undertaken, accompanied by a budget. 23 |
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123 | 128 | | This annual plan of work shall be subject to the concurrence of the Board of Transportation. 24 |
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124 | 129 | | (b) Annual Reports. Report. – The Authority shall, promptly following the close of each 25 |
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125 | 130 | | fiscal year, submit an annual report of its activities for the preceding fiscal year and an annual 26 |
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126 | 131 | | audit of its books and accounts for the preceding fiscal year to the Governor, the General 27 |
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127 | 132 | | Assembly, and the Department of Transportation. The report and audit shall be submitted no later 28 |
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128 | 133 | | than October 31 of the fiscal year in which the report and audit are completed. 29 |
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129 | 134 | | The North Carolina Turnpike Authority shall report to the Joint Legislative Transportation 30 |
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130 | 135 | | Oversight Committee on January 31, 2017, and in its annual report thereafter, the number of 31 |
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131 | 136 | | one-time toll facility users who are charged more than fifty dollars ($50.00) in processing fees 32 |
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132 | 137 | | imposed under G.S. 136-89.215 and civil penalties assessed under G.S. 136-89.216. 33 |
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133 | 138 | | (c) Repealed by Session Laws 2016-90, s. 4, effective July 11, 2016. 34 |
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134 | 139 | | (d) Report Prior to Let of Contracts. – The Authority shall consult with and report to the 35 |
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135 | 140 | | Joint Legislative Transportation Oversight Committee and the Joint Legislative Commission on 36 |
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136 | 141 | | Governmental Operations prior to the letting of any contract for Turnpike Project construction 37 |
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137 | 142 | | authorized under G.S. 136-183(a)(2). 38 |
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138 | 143 | | (e) Repealed by Session Laws 2011-145, s. 28.35(a), effective July 1, 2011." 39 |
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139 | 144 | | 40 |
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140 | 145 | | TURNPIKE UNPAID TOLL NOTICE BY ELECTRONIC MAIL 41 |
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141 | 146 | | SECTION 6. G.S. 136-89.214(a) reads as rewritten: 42 |
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142 | 147 | | "(a) Bill. – If a motor vehicle travels on a Turnpike project that uses an open road tolling 43 |
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143 | 148 | | system and a toll for traveling on the project is not paid prior to travel or at the time of travel, the 44 |
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144 | 149 | | Authority must send a bill by first-class mail to the registered owner of the motor vehicle or the 45 |
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145 | 150 | | person who had care, custody, and control of the vehicle as established under G.S. 136-89.212(b) 46 |
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146 | 151 | | for the amount of the unpaid toll; provided, however, that with the written consent of the 47 |
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147 | 152 | | registered owner of the motor vehicle or the person who had care, custody, and control of the 48 |
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148 | 153 | | vehicle as set forth above, the Authority may send the bill via electronic mail to a designated 49 |
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149 | 154 | | electronic mail account or electronic mail account on file with a state Department of Motor 50 |
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150 | 155 | | Vehicles rather than by first-class mail. The Authority must send the bill within 90 days after the 51 General Assembly Of North Carolina Session 2025 |
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152 | 157 | | travel occurs, or within 90 days of receipt of a sworn affidavit submitted under 1 |
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153 | 158 | | G.S. 136-89.212(b) identifying the person who had care, custody, and control of the motor 2 |
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154 | 159 | | vehicle. If a bill is not sent within the required time, the Authority waives collection of the toll. 3 |
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155 | 160 | | The Authority must establish a billing period for unpaid open road tolls that is no shorter than 15 4 |
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156 | 161 | | days. A bill for a billing period must include all unpaid tolls incurred by the same person during 5 |
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157 | 162 | | the billing period." 6 |
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158 | 163 | | 7 |
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159 | 164 | | REMOVE LIMIT ON TURNPIKE PROJECTS 8 |
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160 | 165 | | SECTION 7. G.S. 136-89.183(a)(2) reads as rewritten: 9 |
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161 | 166 | | "(2) To study, plan, develop, and undertake preliminary design work on Turnpike 10 |
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162 | 167 | | Projects. At the conclusion of these activities, the Turnpike Authority is 11 |
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163 | 168 | | authorized to design, establish, purchase, construct, operate, and maintain no 12 |
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164 | 169 | | more than eleven projects, which shall include include, but not be limited to, 13 |
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165 | 170 | | the following: 14 |
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166 | 171 | | a. Triangle Expressway, including segments also known as N.C. 540, 15 |
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167 | 172 | | Triangle Parkway, Phases 1 and 2 of Complete 540, and the Western 16 |
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168 | 173 | | Wake Freeway in Wake and Durham Counties. The described 17 |
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169 | 174 | | segments constitute one project. 18 |
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170 | 175 | | b. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. 19 |
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171 | 176 | | c. Monroe Connector/Bypass. 20 |
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172 | 177 | | d., e. Repealed by Session Laws 2013-183, s. 5.1, effective July 1, 2013. 21 |
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173 | 178 | | f. Repealed by Session Laws 2008-225, s. 4, effective August 17, 2008. 22 |
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174 | 179 | | Any other project proposed by the Authority in addition to the projects listed 23 |
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175 | 180 | | in this subdivision requires prior consultation with the Joint Legislative 24 |
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176 | 181 | | Commission on Governmental Operations pursuant to G.S. 120-76.1 no less 25 |
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177 | 182 | | than 180 days prior to initiating the process required by Article 7 of Chapter 26 |
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178 | 183 | | 159 of the General Statutes. 27 |
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179 | 184 | | With the exception of the two projects set forth in sub subdivisions a. and c. 28 |
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180 | 185 | | of this subdivision, the Turnpike projects selected for construction by the 29 |
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181 | 186 | | Turnpike Authority, prior to the letting of a contract for the project, shall meet 30 |
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182 | 187 | | the following conditions: (i) two of the projects must be ranked in the top 35 31 |
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183 | 188 | | based on total score on the Department produced list entitled "Mobility Fund 32 |
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184 | 189 | | Project Scores" dated June 6, 2012, and, in addition, may be subject to 33 |
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185 | 190 | | G.S. 136-18(39a); (ii) of the projects not ranked as provided in (i), one may 34 |
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186 | 191 | | be subject to G.S. 136-18(39a); (iii) the projects shall be included in any 35 |
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187 | 192 | | applicable locally adopted comprehensive transportation plans; (iv) the 36 |
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188 | 193 | | projects shall be shown in the current State Transportation Improvement 37 |
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189 | 194 | | Program; and (v) toll projects must be approved by all affected Metropolitan 38 |
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190 | 195 | | Planning Organizations and Rural Transportation Planning Organizations for 39 |
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191 | 196 | | tolling." 40 |
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192 | 197 | | 41 |
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193 | 198 | | CLARIFY USE OF REVENUE FROM TURNPIKE PROJECTS 42 |
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194 | 199 | | SECTION 8. G.S. 136-89.188(a) reads as rewritten: 43 |
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195 | 200 | | "(a) Revenues derived from a Turnpike Project authorized under this Article shall be used 44 |
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196 | 201 | | only for the following costs associated with the Project from which the revenue was derived or a 45 |
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197 | 202 | | planned contiguous toll facility:facility identified in a transportation plan adopted by an affected 46 |
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198 | 203 | | Metropolitan Planning Organization: 47 |
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199 | 204 | | (1) Authority administration costs. 48 |
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200 | 205 | | (2) Development, right-of-way acquisition, design, construction, expansion, 49 |
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201 | 206 | | operation, maintenance, reconstruction, rehabilitation, and replacement costs. 50 General Assembly Of North Carolina Session 2025 |
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203 | 208 | | (3) Debt service on the Authority's revenue bonds or related purposes such as the 1 |
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204 | 209 | | establishment of debt service reserve funds. 2 |
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205 | 210 | | (4) Debt service, debt service reserve funds, and other financing costs related to 3 |
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206 | 211 | | any of the following: 4 |
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207 | 212 | | a. A financing undertaken by a private entity under a partnership 5 |
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208 | 213 | | agreement with the entity for the Project. 6 |
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209 | 214 | | b. Private activity bonds issued under law related to the Project. 7 |
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210 | 215 | | c. Any federal or State loan, line of credit, or loan guarantee relating to 8 |
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211 | 216 | | the Project. 9 |
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212 | 217 | | (5) A return on investment of any private entity under a partnership agreement 10 |
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213 | 218 | | with the entity for the Project. 11 |
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214 | 219 | | (6) Any other uses granted to a private entity under a partnership agreement with 12 |
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215 | 220 | | the entity for the Project." 13 |
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216 | 221 | | 14 |
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217 | 222 | | REVISIONS TO BRIDGE PROGRAM OUTSOURCING 15 |
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218 | 223 | | SECTION 9. G.S. 136-76.2(c) reads as rewritten: 16 |
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219 | 224 | | "(c) Outsourcing. – Except for the following activities, all projects funded under the bridge 17 |
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220 | 225 | | program established under subsection (a) of this section shall be outsourced to private 18 |
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221 | 226 | | contractors: 19 |
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222 | 227 | | (1) Inspection. 20 |
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223 | 228 | | (2) Pre-engineering. 21 |
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224 | 229 | | (3) Contract preparation. 22 |
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225 | 230 | | (4) Contract administration and oversight. 23 |
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226 | 231 | | (5) Planning activities. 24 |
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227 | 232 | | (6) Installation of culverts and structures described in subsection (b) of this 25 |
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228 | 233 | | section, but only in cases of emergency.section on low volume or non-outlet 26 |
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229 | 234 | | roads." 27 |
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230 | 235 | | 28 |
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231 | 236 | | EXEMPT FERRY DIVISION FROM TEMPORARY SOLUTIONS PROGRAM 29 |
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232 | 237 | | SECTION 10. G.S. 126-6.3(a) reads as rewritten: 30 |
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233 | 238 | | "(a) Use of Temporary Solutions Required for Cabinet Agencies. – Notwithstanding 31 |
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234 | 239 | | G.S. 126-5 or any other provision of law, all Cabinet agencies that utilize temporary employees 32 |
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235 | 240 | | to perform work that is not information technology-related shall employ them through the 33 |
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236 | 241 | | Temporary Solutions Program administered by the Office of State Human Resources (OSHR). 34 |
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237 | 242 | | Council of State agencies may use the Temporary Solutions Program in the discretion of the 35 |
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238 | 243 | | agency. The Department of Transportation, Ferry Division, is exempt from the required use of 36 |
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239 | 244 | | the Temporary Solutions Program when there is an established need for peak season hires or 37 |
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240 | 245 | | when the work requires a specific skill set beyond the scope of temporary employees." 38 |
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241 | 246 | | 39 |
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242 | 247 | | MODIFY STIP REPORTING AND LOCAL CONSULTATION REQUIREMENTS 40 |
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243 | 248 | | SECTION 11. G.S. 136-12 reads as rewritten: 41 |
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244 | 249 | | "§ 136-12. Reports to General Assembly; Transportation Improvement Program posted 42 |
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245 | 250 | | and submitted to members and staff of General Assembly. 43 |
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246 | 251 | | (a) The Department of Transportation shall shall, on or before the tenth day after the 44 |
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247 | 252 | | convening of each regular session of the General Assembly, make a full printed and detailed 45 |
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248 | 253 | | report to the Joint Legislative Transportation Oversight Committee by March 1 of each year on 46 |
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249 | 254 | | how the previous fiscal year's funds for the General Assembly that includes the cost of 47 |
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250 | 255 | | maintenance and construction were allocated and expended. The work undertaken by the 48 |
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251 | 256 | | Department, receipts of license fees, disbursements of the Department, and other financial 49 |
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252 | 257 | | information relevant to illustrate the Department's financial condition during the previous fiscal 50 |
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253 | 258 | | year. For maintenance and construction work undertaken by the Department, the report shall also 51 General Assembly Of North Carolina Session 2025 |
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255 | 260 | | include expenditures of both State and federal funds and shall be in sufficient detail that the 1 |
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256 | 261 | | county can be identified. A full account of each road project shall be kept by and under the 2 |
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257 | 262 | | direction of the Department of Transportation or its representatives, to ascertain at any time the 3 |
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258 | 263 | | expenditures and the liabilities against all projects; also records of contracts and force account 4 |
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259 | 264 | | work. The account records, together with all supporting documents, shall be open at all times to 5 |
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260 | 265 | | the inspection of the Governor or road authorities of any county, or their authorized 6 |
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261 | 266 | | representatives, and copies thereof shall be furnished such officials upon request. 7 |
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262 | 267 | | …." 8 |
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263 | 268 | | 9 |
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264 | 269 | | AUTHORIZE ELECTRONIC PAYMENT TRANSACTION FEE FOR FERRIES 10 |
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265 | 270 | | SECTION 12. G.S. 136-82 is amended by adding a new subsection to read: 11 |
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266 | 271 | | "(b3) Transaction Fee Authorized for Electronic Payment. – When the Department of 12 |
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267 | 272 | | Transportation accepts electronic payment, as that term is defined in G.S. 147-86.20, for any toll 13 |
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268 | 273 | | or fee authorized under this Article, the Department may add a transaction fee to each electronic 14 |
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269 | 274 | | payment transaction to offset the service charge the Department pays for electronic payment 15 |
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270 | 275 | | service. The transaction fee authorized under this subsection shall not exceed two percent (2%) 16 |
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271 | 276 | | of the electronic payment." 17 |
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272 | 277 | | 18 |
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273 | 278 | | MODIFICATIONS TO PROPERTY RIGHTS IN THE ACQUISITION AND 19 |
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274 | 279 | | CONDEMNATION OF PROPERTY BY THE DEPARTMENT OF TRANSPORTATION 20 |
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275 | 280 | | SECTION 13.(a) G.S. 136-108 reads as rewritten: 21 |
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276 | 281 | | "§ 136-108. Determination of issues other than damages. 22 |
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277 | 282 | | (a) After the filing of the plat, the judge, upon motion and 10 days' notice by either the 23 |
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278 | 283 | | Department of Transportation or the owner, shall, either in or out of term, hear and determine 24 |
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279 | 284 | | any and all issues raised by the pleadings other than the issue of damages, including, but not 25 |
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280 | 285 | | limited to, if controverted, questions of necessary and proper parties, title to the land, interest 26 |
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281 | 286 | | taken, and area taken. 27 |
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282 | 287 | | (b) The effect of the imposition of easements, including, but not limited to, permanent 28 |
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283 | 288 | | utility easements, aerial utility easements, permanent drainage easements, permanent drainage 29 |
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284 | 289 | | utility easements, temporary construction easements, temporary drainage easements, temporary 30 |
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285 | 290 | | utility easements, and slope easements, is an issue of damages and shall not be subject to 31 |
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286 | 291 | | consideration pursuant to this section." 32 |
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287 | 292 | | SECTION 13.(b) G.S. 136-112 reads as rewritten: 33 |
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288 | 293 | | "§ 136-112. Measure of damages. 34 |
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289 | 294 | | The following shall be the measure of damages to be followed by the commissioners, jury or 35 |
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290 | 295 | | judge who determines the issue of damages: 36 |
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291 | 296 | | (1) Where only a part of a tract is taken, the measure of damages for said taking 37 |
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292 | 297 | | shall be the difference between the fair market value of the entire tract 38 |
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293 | 298 | | immediately prior to said taking and the fair market value of the remainder 39 |
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294 | 299 | | immediately after said taking, with consideration being given to any special 40 |
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295 | 300 | | or general benefits resulting from the utilization of the part taken for highway 41 |
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296 | 301 | | purposes. 42 |
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297 | 302 | | (2) Where the entire tract is taken the measure of damages for said taking shall be 43 |
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298 | 303 | | the fair market value of the property at the time of taking. 44 |
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299 | 304 | | (3) Evidence of the damages resulting from the imposition of easements, 45 |
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300 | 305 | | including, but not limited to, permanent utility easements, aerial utility 46 |
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301 | 306 | | easements, permanent drainage easements, permanent drainage utility 47 |
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302 | 307 | | easements, temporary construction easements, temporary drainage easements, 48 |
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303 | 308 | | temporary utility easements, and slope easements, shall not be presumed to be 49 |
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304 | 309 | | based on the Department of Transportation exercising its rights to the fullest 50 General Assembly Of North Carolina Session 2025 |
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306 | 311 | | extent of the law but shall be based on consideration of the project plans and 1 |
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307 | 312 | | other admissible market evidence." 2 |
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308 | 313 | | SECTION 13.(c) G.S. 136-89.52 reads as rewritten: 3 |
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309 | 314 | | "§ 136-89.52. Acquisition of property and property rights. 4 |
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310 | 315 | | (a) For the purposes of this Article, the Department of Transportation may acquire private 5 |
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311 | 316 | | or public property and property rights for controlled-access facilities and service or frontage 6 |
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312 | 317 | | roads, including rights of access, air, view and light, by gift, devise, purchase, or condemnation 7 |
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313 | 318 | | in the same manner as now or hereafter authorized by law to acquire such property or property 8 |
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314 | 319 | | rights in connection with highways. The property rights acquired under the provisions of this 9 |
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315 | 320 | | Article may be in fee simple or an appropriate easement for right-of-way in perpetuity. In 10 |
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316 | 321 | | connection with the acquisition of property or property rights for any controlled-access facility 11 |
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317 | 322 | | or portion thereof, or frontage road in connection therewith, the Department of Transportation 12 |
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318 | 323 | | may, in its discretion, with the consent of the landowner, acquire an entire lot, parcel, or tract of 13 |
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319 | 324 | | land, if by so doing, the interests of the public will be best served, even though said entire lot, 14 |
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320 | 325 | | parcel, or tract is not immediately needed for the right-of-way proper. 15 |
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321 | 326 | | (b) Along new controlled-access highway locations, abutting property owners shall not 16 |
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322 | 327 | | be entitled to access to such new locations, and no abutter's easement of access to such new 17 |
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323 | 328 | | locations shall attach to said property. Where part of a tract of land is taken or acquired for the 18 |
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324 | 329 | | construction of a controlled-access facility on a new location, the nature of the facility 19 |
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325 | 330 | | constructed on the part taken, including the fact that there shall be no direct access thereto, shall 20 |
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326 | 331 | | be considered in determining the fair market value of the remaining property immediately after 21 |
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327 | 332 | | the taking. 22 |
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328 | 333 | | (c) In no event shall the imposition of easements, including permanent utility easements, 23 |
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329 | 334 | | aerial utility easements, permanent drainage easements, permanent drainage utility easements, 24 |
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330 | 335 | | temporary construction easements, temporary drainage easements, temporary utility easements, 25 |
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331 | 336 | | and slope easements, be construed to constitute the imposition of new control-of-access or the 26 |
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332 | 337 | | taking of the property owner's abutters easement of access." 27 |
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333 | 338 | | SECTION 13.(d) This section becomes effective July 31, 2025, and applies to causes 28 |
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334 | 339 | | of action arising on or after that date. 29 |
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335 | 340 | | 30 |
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336 | 341 | | EFFECTIVE DATE 31 |
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337 | 342 | | SECTION 14. Except as otherwise provided, this act is effective when it becomes 32 |
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338 | 343 | | law. 33 |
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